City of Houston v. Frank Gutkowski, Individually, Frank Gutkowski, as Representative for the Estate of Patricia Gutkowski, Tammie Rene Gutkowski and Carl Gutkowski

OPINION

Ken Wise, Justice

In this interlocutory appeal from the trial court’s denial of the City of Houston’s plea to the jurisdiction, we are asked to consider whether allegations that the City’s emergency services vehicle was not supplied with integral safety components to perform a “lift and assist” of a patient, or if supplied were not used by emergency services personnel, can waive the .City’s governmental immunity under the Texas Tort Claims Act. We conclude that these allegations should be characterized as a complaint that the emergency services personnel failed to use safety equipment…